Abstract

Citations (5)

Footnotes (417)

Using the URL or DOI link below will
ensure access to this page indefinitely

Based on your IP address, your paper is being delivered by:

New York, USA

Processing request.

Illinois, USA

Processing request.

Brussels, Belgium

Processing request.

Seoul, Korea

Processing request.

California, USA

Processing request.

If you have any problems downloading this paper,please click on another Download Location above, or view our FAQFile name: SSRN-id816024. ; Size: 903K

You will receive a perfect bound, 8.5 x 11 inch, black and white printed copy of this PDF document with a glossy color cover. Currently shipping to U.S. addresses only. Your order will ship within 3 business days. For more details, view our FAQ.

Quantity:Total Price = $9.99 plus shipping (U.S. Only)

If you have any problems with this purchase, please contact us for assistance by email: Support@SSRN.com or by phone: 877-SSRNHelp (877 777 6435) in the United States, or +1 585 442 8170 outside of the United States. We are open Monday through Friday between the hours of 8:30AM and 6:00PM, United States Eastern.

This article considers several explanations for the international human rights movement's sudden heightened attention to rule of law.

(1) The human rights movement has increasingly encountered conceptual, normative and political challenges. Perhaps, rule of law will be a "fruitful principle to guide us toward agreement and results," and "a touchstone for us in spreading the culture of human rights."

(2) We still live in a world where widespread human rights violations are the norm rather than the exception. Rule of law is seen as directly integral to the implementation of rights.

(3) Rule of law may also be indirectly related to better rights protection in that rule of law is associated with economic development, which is related to better rights performance.

(4) Rule of law is integral to and necessary for democracy and good governance. Attempts to democratize without a functional legal system in place have resulted in social disorder.

(5) Rule of law is said to facilitate geopolitical stability and global peace. According to some, it may help prevent wars from occurring in the first place. It also provides guidelines for how war is carried out, and is central to the establishment of a rights-respecting post-conflict regime.

(6) Post 9-11 concerns over terrorism have also focused attention on rule of law.

(7) In addition, rule of law provides a rhetorical basis for challenging the world's sole reigning superpower.

Taking each of these factors in turn, I critically analyze the relationship between rule of law and human rights, discussing theoretical issues, surveying recent case law and legal developments, and reviewing empirical studies.

Date posted: October 4, 2005
; Last revised: May 14, 2013

Suggested Citation

Peerenboom, Randall, Human Rights and Rule of Law: What's the Relationship?. Georgetown Journal of International Law, Vol. 36, 2005; UCLA School of Law Research Paper No. 05-31. Available at SSRN: http://ssrn.com/abstract=816024